"News and Information for Construction Defect and Claims Professionals"
CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - TUESDAY, JUNE 17, 2025
The goal is to reduce these “nuclear verdicts,” which have created uncertainty for businesses and insurers in both liberal and conservative counties in the state of Texas.
A major development out of the Texas Legislature is poised to bring meaningful change to the landscape of personal injury litigation—and insurance defense attorneys should take note.
Senate Bill 30, recently passed by the Texas House, would limit recoverable medical damages in personal injury and wrongful death lawsuits to the amounts actually paid for medical treatment, rather than the often-inflated amounts billed. The goal is to reduce these “nuclear verdicts,” which have created uncertainty for businesses and insurers in both liberal and conservative counties in the state of Texas. By tying damage awards to more objective metrics like Medicare rates, the bill introduces a fairer and more consistent standard for evaluating medical costs in litigation.
For those who defend insurance carriers and insureds, this legislation represents a step toward leveling the playing field. Plaintiffs will no longer be able to present inflated medical billing as a basis for extraordinary damages. The bill also makes several practical changes to the discovery and evidence process, shifting from itemized billing requirements to summary billing, preserving judicial discretion on the admissibility of certain medical history, and reaffirming privacy protections between patients, doctors, and attorneys. These changes help defense counsel focus more on the merits of the case and less on battling excessive or speculative medical figures.
Mr. Wright may be contacted at ewright@kahanafeld.com
Reprinted courtesy of Elliott Wright, Kahana Feld
Today’s post is a cautionary tale in being sure you, as a construction professional, follow your contract if you want to be successful later in the unfortunate event of litigation.
Mr. Hill may be contacted at chrisghill@constructionlawva.com
Reprinted courtesy of The Law Office of Christopher G. Hill
In this matter, a lessor was pursuing additional compensation from the government (as lessee) due to delays (more than 400 days) in the government’s acceptance of its lease term.
Mr. Adelstein may be contacted at dma@kirwinnorris.com
Reprinted courtesy of David Adelstein, Kirwin Norris
Viva Inn Motel submitted a claim to its insurer, Associated Industries Insurance Company, for water damage from a burst pipe occurring on February 17, 2021.
Mr. Eyerly may be contacted at te@hawaiilawyer.com
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
At a recent meeting in Washington, D.C., there was a discussion about growing federal enforcement efforts that contractors should not ignore.
Mr. Perlberg may be contacted at brian.perlberg@agc.org
Reprinted courtesy of Brian Perlberg, ConsensusDocs
Subsidence is a worsening risk and insurers don’t want to pick up the tab.
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Chambers USA ranks the leading firms and lawyers in an extensive range of practice areas throughout America.
Reprinted courtesy of Hunton Andrews Kurth LLP
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These legal battles are unfolding in courts across the country, with several constitutional questions now squarely at issue.
According to the publication, this year’s honorees include 37 talented attorneys who “represent the strength and the future of Indiana’s legal profession.”
Reprinted courtesy of Lewis Brisbois
Construction Executive established the rankings by asking over 600 hundred U.S. construction law firms to complete a survey.
Mr. Colburn may be contacted at travis.colburn@acslawyers.com
Reprinted courtesy of Travis Colburn, Ahlers Cressman & Sleight
Steve Bennett will lead a team of experts focusing on how risk mitigation can positively influence property and casualty insurance in areas prone to catastrophic events.
This guide is meant to help provide homeowners the steps they can take to start recovering from a disaster to move back into their home.
Reprinted courtesy of Paul Dashevsky, GreatBuildz
The tunnels are part of a 10-mile project corridor spanning both sides of the harbor.
ENR may be contacted at enr@enr.com
Reprinted courtesy of Jim Parsons, Engineering News-Record
California Architectural Registration Board Supplemental Examination Commissioner
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